Last year, the U.S. Supreme Court vacated the manslaughter and reckless homicide convictions of Anthony Dilboy on constitutional grounds and remanded his case back to the New Hampshire Supreme Court.

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Prosecutors are expected to argue Thursday that the evidence against Dilboy varies greatly from that in the New Mexico case that the U.S. Supreme Court decided, and on which it based its one-line order, vacating Dilboy's convictions. Both cases involve criminalists testifying about test results that other scientists conducted.

Dilboy was convicted in the March 2006 crash that killed 34-year-old Marc Vachon and his 17-year-old nephew, Alexander Bean.